146 DEUG LEGISLATION IN THE UNITED STATES. 



ard work on materia medica, it differs materially from the standard of strength, 

 quality or purity prescribed in such work. 



Third. If its strength, quality or purity falls below the professed standard 

 under which it is sold. 



Provided, That a drug or medicine shall not be deemed adulterated in the 

 following case: 



First. If the standard of strength or purity of any drug has been raised 

 since the issue of the last edition of the United States pharmacopoeia, no prose- 

 cution relative to it shall be maintained until such change of standard has 

 been published throughout the commonwealth. 



4. Drugs and medicines to be labeled. Every proprietary product, drug, 

 medicine or beverage containing more than 5 per cent of ethyl alcohol, or which 

 contains chloral hydrate, ergot, morphine, opium or any of their compounds 

 or derivates, cocaine or any of its salts, bromine, iodine, or any of their salts, 

 shall be clearly labeled in black open gothic letters printed on a white back- 

 ground showing the name and percentage of each of the foregoing constitu- 

 ents, and said label shall be affixed to each and every package, carton, box or 

 bottle in such a way as to be clearly seen. 



5. Cocaine. No sale or gift of cocaine or of its salts shall be made or 

 delivery thereof made in this state except upon the written prescription of a 

 licensed physician. 



6. Methyl alcohol prohibited. It shall be unlawful to sell, offer or expose for 

 sale, or have in possession any preparation or product, intended for the use of 

 man, either for internal or external purposes, which contains methyl alcohol or 

 " wood spirits." 



7. Physician's prescriptions exempt. Nothing in this act shall be so construed 

 as to in any way interfere with the written prescription of any regularly 

 licensed physician or with the filling of the same by a licensed druggist. 



8. Penalty. Any person violating any of the provisions of this act shall be 

 deemed guilty of a misdemeanor and shall for the first offense be punished by 

 a fine of not less than five dollars or more than one hundred dollars, and all 

 necessary costs, including the expense of analyzing such adulterated articles 

 when said person has been found guilty under this act, and all such adulterated 

 or misbranded articles may, by order of the court be seized and destroyed. 



9. Duty of State's attorney. It shall be the duty of the attorney general and 

 state's attorney to prosecute all persons violating any of the provisions of this 

 act when the evidence thereof has been presented by the North Dakota govern- 

 ment agricultural experiment station as provided for in sections 11 and 12 

 of this act. 



10. The North Dakota experiment station to inspect and analyze drugs and 

 medicines. The North Dakota government agricultural experiment station 

 shall make analysis of drugs and medicines found on sale in North Dakota sus- 

 pected of being adulterated, at such times and places and to such extent as it 

 may determine, and may appoint such agent or agents as it may deem neces- 

 sary for the enforcement of the provisions of this act, and such agent or agents 

 shall have free access and egress, at all reasonable hours, for the purpose of 

 examining into any place wherein it is suspected any drug or medicine adulter- 

 ated with any deleterious or foreign ingredient or which falls below the stand- 

 ard of purity or where such ingredients exist, and such agent or agents, upon 

 tendering the market price of said article, may take from any person, firm or 

 corporation samples of any articles suspected of being adulterated as afore- 

 said. 



11. Report of station. Whenever said station shall find by its analysis that 

 adulterated drugs have been on sale in this state or that said drugs are in 



